What the Prosecution Needs to Prove

To secure a conviction for excessive speed, the prosecution must prove the following elements beyond a reasonable doubt:

1. The accused was driving a motor vehicle – The person charged must have been operating a vehicle on a public road.
2. The speed limit was exceeded by at least 45 km/h – The prosecution must provide evidence that the driver was exceeding the speed limit by 45 km/h or more.
3. The accused was the person driving at the time – The identity of the drive must be established.
4. The speed was measured using an approved speed detection device – Police must demonstrate that the speed reading was obtained from an authorised speed camera, radar, or laser device.

If the police cannot prove any of these elements, the charge may not stand.

The Relevant Court

Excessive speed offences are dealt with in the Magistrates Court of South Australia.

• If you accept guilt, the matter may be resolved with a fine and demeri points.
• If you contest the charge, you can challenge the evidence in court, where a magistrate will decide the outcome.

In extreme speed cases (+45 km/h over the limit), the penalties are more severe, and an immediate loss of licence or evenimprisonment applies.

What Defences Are Available?

There are several possible defences to an excessive speedcharge, depending on the circumstances:

1. Faulty Speed Detection Device
   
   • If the radar, laser, or speed camera was not properly calibrated or maintained, the reading may be inaccurate.
2. Mistaken Identity
   
   • If another person was driving the vehicle, you may argue that you were not the driver at the time of the offence.
3. Emergency Situations
   
   • If you were speeding due to a medical emergency (e.g., rushing someone to hospital),this may be a defence.
4. Incorrect Speed Limit Signage
   
   • If the speed limit was unclear or incorrect (e.g., missing or obstructed signs), you may argue that you were unaware of the correct limit.
5. Police Procedural Errors
   
   • If police failed to follow proper procedures when recording your speed or issuing the fine, this could result in the charge being withdrawn.

If you believe you have a valid defence, it is critical to seek legal advice before attending court.

What Are the Specific Maximum Penalties for the Offence?

The penalties for excessive speed depend on how far over the limit you were driving. Under section 45A of the Road Traffic Act 1961 (SA), the penalties include:

Extreme Speed Offence (+45 km/h Over the Limit)

• Immediate licence suspension (usually for at least 6 months)
• Fine of between $3,000 and $5,000
• 6 demerit points
• Possible court-imposed driving disqualification
• For aggravated or subsequent offences, 2 years imprisonment.

For learners and provisional drivers, the penalties are evenstricter, with longer disqualifications and higher demerit point penalties.

If you are convicted, the offence will remain on your driving record, potentially affecting insurance premiums and future licensing.